Kolkata, Jun 22 (IBNS): The Calcutta High Court on Friday ruled that the legislation passed by West Bengal chief minister Mamata Banerjee to repossess the land allotted to Tata Motors is constitutionally invalid, serving a huge blow to the Trinamool Congress (TMC) chief.

The verdict, by a division bench of Calcutta high court, comprising justice Pinaki Chandra Ghose and justice Mrinal Kanti Chaudhuri, declared the Singur Land Rehabilitation and Development Act, 2011 as unconstitutional and void.

The TMC, which came to power last year largely on the promise of returning the land allotted for a car factory to unwilling farmers, said the government now plans to challenge the verdict in the Supreme Court.

"We will move the Supreme Court," said Kalyan Banerjee, the Trinamool Congress lawyer.

Kalyan Banerjee said the judge himself has stayed the judgement for two months which means he himself has doubt about the judgement.

"They are having their own doubt about the judgement itself so that the state government can go and make an appeal. So we will go for an appeal," said Banerjee.
State Industry Minister Partha Chattopadhayay said, “We want to assure the people of Singur and farmers that we are with them and we will protect them.

He said the interests of the people and farmers would be always the priority of the Mamata Banerjee government.

"We are committed to protect their rights," he said.

"After we get a copy of the verdict we will give a detailed reaction," he said.

Former Left Front Industry Minister Nirupam Sen, during whose tenure the land had been allotted, reacting to the verdict said his worst apprehension came true that land could not be returned to the farmers by such legislation.

"The legislation was unconstitutional. I had consulted all legal experts and they said so," said Sen.

Sen said the stand of Mamata Banerjee as Opposition leader on Singur caused a big loss to the state and damaged its image as an investment destination.

"The plant went to Gujarat and the state incurred a big loss," said Sen.
West Bengal Leader of Opposition in Assembly Surya Kanta Mishra said: "We had from very beginning pointed out that one should go the right way if they have the true intentions to give back the land."

"They were in a weak position ideologically and legally. It was unconstitutional way of returning the land. We had pointed out from very beginning," said Mishra.

"The High Court has upheld the Constitutional position. We said categorically that it will be challenged legally," said Mishra.

"The judgement vindicated our stand," said Mishra.

At the completion of her first year in power in May, Banerjee had admitted the then ongoing Singur case was her government’s “only failure” as she had failed to return the land of unwilling farmers owing to court cases with the Tatas.

"We are fighting the case for the past one year. It makes me very dissatisfied that despite acquisition of the land we could not return it because of the court case," she had said at a function to celebrate the achievements of the government.

Several farmers in Singur interviewed by almost all national and local media houses expressed their anger owing to the limbo.

However, Mamata Banerjee said she would provide Rs 1000/- every month to the farmers whose land is caught in the dispute and rice at a subsidized price of Rs 2 per kilo.

Banerjee had claimed a first round victory late last year after the same court had ruled that the Singur land act of the new government to return the land in possession of Tata Motors to the farmers is valid.

The Singur Land Development and Rehabilitation Act 2011 is valid and constitutional, said the judgement by Justice I.P. Mukerji.

The judge also observed that the district judge of Hooghly (under which Singur falls) will decide the amount of compensation and ensure transfer of the land to the farmers.

However, the single-bench verdict was promptly challenged by the Tatas, who said they have invested over Rs 1,500 crores in the Singur facility and deserved compensation.

A total of 997 acres of land in Singur was given to the Tatas for their dirt-cheap Nano car factory by the previous Left Front government in 2006, triggering huge protest led by Mamata Banerjee and supported by various civil society groups.

Of the 13,000 owners of land, 2000 had rejected the compensation for about 400 acres of land, leading to the protests.

The court said the Tatas can claim compensation according to the provisions of the land acquisition law of 1894 because it was under that law the land was given to the Tatas.

After winning the May 2011 elections, much of which was owing to the Singur movement of Mamata Banerjee, the new chief minister took possession of the Singur land on June 21 after passing the Singur act.

Tatas moved the high court immediately. It contended that the act was unconstitutional and the vesting of the 600 acres of land (besides the 300 acres for vendors of the plant) leased to it was invalid.

Offering temporary relief to the Tatas, the Supreme Court had stayed the return of Singur land to the unwilling farmers by the West Bengal government till further order to be passed by the Calcutta High Court.

The Supreme Court order on June 29, 2011 staying the return of the land in Singur to the farmers from whom it was seized for the Tata Motors car factory was claimed as a verdict in their favour by both the Tatas and the Mamata Banerjee government in West Bengal.

The Singur Land Rehabilitation and Development Bill, 2011 which sought to revoke the takeover of the 997 acres of land for the Tata Motors car factory was passed amid an opposition walkout by the Mamata Banerjee government on June 14.

Challenging the Singur Act of Mamata Banerjee, the Tatas earlier said "we have been dispossessed without due process of law and we have challenged the provision of the act which says they can come in and take possession forthwith."